Free Order (AEDPA) - District Court of Delaware - Delaware


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Date: January 20, 2006
File Format: PDF
State: Delaware
Category: District Court of Delaware
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Word Count: 506 Words, 2,958 Characters
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Case 1:05-cr-00001-JJF Document 48 Filed O1/20/2006 Page1 0f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAIMYON GIBBS, )
Petitioner, ;
v. ; Civil Action No. 06-23-KAJ
) Criminal Action No. 05-01-KAJ
UNITED STATES OF AMERICA, )
Respondent. g
O R D E R
WHEREAS, petitioner has filed papers seeking to vacate,
set aside, or correct sentence pursuant to 28 U.S.C. § 2255; and
WHEREAS, the Antiterrorism and Effective Death Penalty
Act of 1996 ("AEDPA"), 28 U.S.C. § 2244, effectively precludes
petitioners from filing a second or subsequent § 2255 motion
except in the most unusual of circumstances; and
WHEREAS, the United States Court of Appeals for the
Third Circuit has mandated that, before ruling on the merits of a
§ 2255 motion, a petitioner must be given notice that the AEDPA
applies to his pending motion, see United States v. Miller, 197
F.3d 644 (3d Cir. 1999} and Mason v. Meyers, 208 F.3d 414 (3d
Cir. 2000).
NOW, THEREFORE, IT IS ORDERED this jégigday of January,
2006, that, on or before ié&f·;2® ;Q£j?Q , petitioner must
file the attached election form with the Court. Failure to
timely return the completed election form will result in the

Case 1 :05-cr-00001-JJF Document 48 Filed O1/20/2006 Page 2 0f 4
C0uxt’e ruling en the pending motion as filed.
\__J '· _ LK-.;
U ` e at istrict Judge
2

Case 1:05-cr-00001-JJF Document 48 Filed O1/20/2006 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAIMYON GIBBS, )
>
Petitioner, )
)
v. ) Civil Action No. 06-23-KAJ
) Criminal Action No. 05-01-KAJ
UNITED STATES OE AMERICA, )
)
Respondent. )
AEDPA ELECTION FORM
- I. I wish the Court to rule on my § 2255
motion as currently pending. I realize
that the law does not allow me to file
successive or later petitions unless I
receive certification to do so from the
United States Court of Appeals for the
Third Circuit; therefore, this motion
will be my one opportunity to seek federal
habeas corpus relief.
2. I wish to amend my § 2255 motion to
include all the grounds I have. I will
do so within thirty (30) days. I realize
that the law does not allow me to file
successive or later motions unless I
receive certification to do so from the
United States Court of Appeals for the
Third Circuit: therefore, this amended
all-inclusive motion will be my one
opportunity to seek federal habeas corpus
relief.
3. I wish to withdraw my § 2255 motion
without prejudice to file one all-inclusive
motion in the future; that is, one
that raises all the grounds I have for
federal habeas corpus relief. I realize

Case 1:05-cr-00001-JJF Document 48 Filed 01/20/2006 Page 4 of 4
this all—inclusive motion must be filed
within the one—year period as defined by
28 U.S.C. § 2244(d). See Swartz v. Meyers,
204 F.3d 417 (3d Cir. 2000).
4. I am not seeking federal habeas corpus
relief under § 2255. I am instead seeking
relief under .
Petitioner